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· 4/18/2014

In the Matter of the Guardianship and Conservatorship of Stuart Kennedy (Involuntary) Stuart Kennedy v. Maria Kennedy

Citations

  • 845 N.W.2d 707
  • 2014 WL 1512445
  • 2014 Iowa Sup. LEXIS 42

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • applying doctrine of “constitutional avoidance” and adopting view of statute that would avoid “serious due process concerns”
  • considering dismissal of the appeal on mootness grounds even when there are no grounds for dismissal under rule 6.1006(1)(a)
  • interpreting a statute to avoid doubts as to constitutionality when constitutional argument not raised
  • interpreting a statute to avoid doubts as to constitutionality when constitutional argument not raised
  • finding a guardian sterilizing a ward without court involvement raises “serious due process concerns”
  • applying the principle of constitutional avoidance to interpret a statute to require advance court approval of a guardian’s decision to sterilize an intellectually disabled person because any other approach “would raise serious due process concerns”

Source: CourtListener parenthetical corpus (CC0).

Judges: Mansfield

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.